Summary: The Ombudsman will not investigate this complaint about how the Council dealt with the complainant’s concerns about residents not properly disposing of their waste. This is because he is unlikely to find fault by the Council. It is also unlikely an investigation by the Ombudsman could add to the Council’s response.

The complaint

1. The complainant, whom I shall refer to as Mr X, has complained to the Council about the residents on a road near to where he lives failing to properly dispose of their waste.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start or continue with an investigation if we believe:

• it is unlikely we would find fault, or
• it is unlikely we could add to any previous investigation by the Council, or
• it is unlikely further investigation will lead to a different outcome.

(Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

3. I have considered Mr X’s complaint and the Council’s responses. I invited Mr X to comment on a draft of this decision and have considered his comments in response.

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What I found

4. In July 2020, Mr X contacted the Council to raise concerns about the residents of a nearby street failing to properly dispose of their waste. Mr X said the bins were regularly left on the pavement and surrounded by litter.
5. Mr X is unhappy with how the Council has dealt with the matter and believes the state of the pavement will devalue his property and causes a health hazard. He says the Council should take enforcement action to resolve the problem.

Assessment

6. I will not investigate this complaint about how the Council dealt with Mr X’s complaint about waste on the street near to where he lives.
7. In response to Mr X’s complaint, the Council’s waste management company has written to residents reminding them how waste should be presented. It has also carried out site visits to check progress and is continuing to monitor the situation. As the Council is taking steps to resolve the problem it is unlikely I could find fault. It is also unlikely an investigation by the Ombudsman could add to this response.
8. I understand Mr X says the problem is still ongoing and the Council should issue the residents with fines to resolve the situation. The Council says it does not consider enforcement action appropriate as it is still liaising with residents to educate them regarding waste presentation. It says the residents in the area change on a frequent basis and it does not consider it reasonable to take enforcement action before attempts are made to educate the new residents. However, the Council says it will refer the matter to its Neighbourhood Enforcement Team if these attempts are unsuccessful. I understand Mr X may disagree with the Council’s decision not to take enforcement action, but this was a decision it was entitled to make. As the Council properly considered if enforcement action was necessary, it is unlikely I could find fault.

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Final decision

9. The Ombudsman will not investigate this complaint. This is because it is unlikely he would find fault or that an investigation by the Ombudsman could add to the Council’s response

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Investigator's decision on behalf of the Ombudsman